You can settle your pedestrian accident case immediately after the incident, but you will likely be settling your case for far less than it is worth. Insurance companies are trained to offer quick, low-ball settlements before an injured person speaks to a lawyer and fully understands the severity of the injuries or the length of time needed for treatment. Injured pedestrian victims are wise to hire an attorney and wait for their treatment to conclude before ever settling with an insurance company.
With an experienced pedestrian accident law firm, your injury case generally will settle within three to four months after you complete your treatment. This time allows for the law firm to request and receive your medical records, digest those records, prepare a demand package to the insurance company, and negotiate a settlement.
If a settlement cannot be reached in that period, a lawsuit could need to be filed, and a lawsuit can take two or three years to get to a trial. These are a few of the instances where your pedestrian accident case might require a two- or three-year lawsuit:
The insurance company is blaming the pedestrian.
If the insurance company is alleging that the injured person was not in a crosswalk or was crossing the street without a WALK symbol, then your case might require a lawsuit. An insurance company might not offer a settlement when there is a dispute as to who was at fault for the incident. These “blame the victim” arguments are an easy way for the insurance company to deny the claim and a judge or jury trial might be required to prove that the vehicle driver was at fault for the collision.
The insurance company argues your injuries are not from the incident.
Even if the insurance company accepts responsibility for the accident, they might not accept responsibility for all your injuries. Pedestrians are allowed to recover for injuries caused by the collision, so insurance companies often argue that the pedestrian’s injuries or conditions were pre-existing and were not from the collision. These arguments occur most often when the person is older or has suffered other injuries in their past. When the insurance company fails to pay for all injuries caused by the collision, a lawsuit might be required to show that the injuries were caused or aggravated by being hit as a pedestrian.
The insurance company will not respond.
Sometimes, insurance companies care so little about injured victims that they will not respond or return phone calls during the claims process. Insurance companies often hope that the injured person will get so frustrated that they will decide to abandon the claim. Walking away from the claim is the worst thing an injured person can do because it reinforces the insurance company’s bad behavior. When the insurance company refuses to cooperate or respond to the injured person, always hire an experienced pedestrian accident lawyer who can use the court system to ensure you receive fair compensation for your medical expenses and pain and suffering.
The insurance company offers a low-ball amount.
Certain insurance companies offer a low amount even when they accept fault for the collision and accept all the injuries as related. Most insurance companies are for-profit entities with shareholders looking for a return on their investment. The best way to guarantee a return for their shareholders is to pay out the lowest amount possible. Unfortunately, these insurance companies almost always require a lengthy lawsuit to ensure that they are held responsible for the damage that their driver caused.
In these four scenarios, a lawsuit will almost always be required to ensure that you receive full and fair compensation after a pedestrian accident. Instead of settling within three to four months after treatment is completed, the process could take years, but an experienced injury lawyer will tell you when and if a lawsuit is worth the time investment. Our firm takes every case on a contingency fee basis, meaning that we simply get a percentage of the settlement. We are invested just like you, so we are going to give you our honest opinion on whether it is worth it for you to bring a lawsuit in your specific case.
